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What is Probate Litigation?

Probate litigation encompasses legal disputes that arise during the probate process. While many estates go through probate without significant issues, some situations can lead to contentious disputes among the deceased’s heirs, beneficiaries, or other interested parties. When these disputes cannot be resolved informally, they lead to probate litigation, where the issues are resolved in a court of law.

Common Types of Probate Litigation

Here are some common types of disputes that can lead to probate litigation:

  • Will Contests

One of the most common types of probate litigation is a will contest, where someone challenges the validity of the deceased’s will. Grounds for contesting a will might include allegations of undue influence, fraud, duress, lack of capacity, or improper execution. If the will contest is successful, the court may invalidate the entire will or certain provisions.

  • Claims Against the Estate

Creditors of the deceased can file claims against the estate for debts that the deceased owed at the time of death. If the executor or personal representative disputes the validity of these claims, this can lead to litigation.

  • Estate Mismanagement

Disputes can arise if the executor or personal representative of the estate is suspected of mismanaging estate assets, failing to perform their duties, or acting in their own interest rather than the best interests of the estate. In such cases, beneficiaries or other interested parties may initiate litigation to remove the executor and seek damages.

The Process of Probate Litigation

In probate litigation, the aggrieved party, usually an heir, beneficiary, or creditor, files a lawsuit in the probate court. The plaintiff must provide evidence to support their claims, and the defendant (often the executor or a beneficiary) will have the opportunity to present a defense.

The litigation process can involve discovery (the exchange of information relevant to the case), negotiation, settlement discussions, and potentially a trial. If the case goes to trial, the judge will make a decision based on the evidence presented. This decision can include monetary damages, changes to the distribution of the estate, removal of the executor, or invalidation of the will or trust.


Probate litigation can be a complex, emotional, and potentially costly process. However, it serves a critical role in protecting the rights of heirs, beneficiaries, and creditors, and ensuring that a deceased person’s estate is administered in accordance with their wishes and the law.

Given the complexities involved in probate litigation, it is often wise to engage a legal professional who is well-versed in probate law and litigation. At Fritz Law LLC, we use our experience and knowledge to help clients navigate these challenging disputes and provide invaluable guidance throughout the process.

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